Educators and police officers will no longer be part of the legal challenge to South Australia's vaccine mandates after those mandates were revoked, but they still planned to seek costs from the government, the Supreme Court has heard.
Nurse and AFLW Adelaide Crows player Deni Varnhagen is among a group of healthcare workers, educators and police officers who were seeking a judicial review of the mandates introduced under SA's Emergency Management Act, which they claim are invalid.
Their lawyer, Simon Ower QC, told the court the recent revocation of vaccine mandates on non-healthcare workers meant the educators and police officers involved in the legal proceedings would not form part of the trial challenging the validity of the state emergency declaration.
"My clients have been wholly successful now in relation to claims in respect to the education and early childhood direction, those relating to teachers and those relating to police workers in that they have been revoked in circumstances which we have alleged give rise to their invalidity," Mr Ower told the court.
"Ordinarily that would lead to a discontinuation of those claims… and the crown should pay costs of those applicants.
"Given the time between now and trial we consider the better course is simply to adjourn claims of those who are the teachers and police workers until after the trial."
Presiding judge in COVID isolation
The trial will begin on Wednesday, a day later than planned because the judge is in COVID isolation with a relative in hospital and a junior counsel is also quarantining as a close contact.
Appearing in court via video link, Justice Judy Hughes said in the event she tested positive to COVID-19 or had to isolate for longer, she would not be able to hear the matter next week.
Mr Ower told the court he opposed any further delay to proceedings, which had already been postponed twice due to COVID.
He called for the Chief Justice to appoint an auxiliary judge if Justice Hughes could not oversee the trial next week.
"If Your Honour would not allow it, it would entail the third adjournment of the matter possibly in circumstances where the utility of the litigation would be extremely limited.
"I would implore the Chief Justice to give consideration to such a step given the nature of this case, its importance and the public interest."
The state's Chief Public Health Officer Professor Nicola Spurrier has been subpoenaed as a witness for cross-examination on Thursday.
The court heard lawyers for the applicants would no longer subpoena Police Commissioner Grant Stevens "on the basis that he's voluntarily being presented for cross examination".
